A. Schrader's Sons v. Wein Sales Corporation
Court of Appeals for the Second Circuit
1Opinion of the CourtHand, Circuit Judge
(after stating the facts as above).
We do not consider whether the plaintiff’s evidence was sufficient to carry the date of invention hack of Turner’s sealing dates in April and May, 1907. The appellant has assigned no error on that point, and did not argue it before us. We assume, therefore, that Twitehell antedated Turner, and the validity of the patent depends upon whether the evidence showed that the use was public. We observe at the outset that the use must have occurred before October 9,1906; the application having been filed two years from that date. On this issue of public use the…
2Cases cited11 opinions
- The Barbed Wire PatentSupreme Court of the United States · 1892
- Egbert v. LippmannSupreme Court of the United States · 1881
- Smith & Griggs Manufacturing Co. v. SpragueSupreme Court of the United States · 1887
- Hall v. MacNealeSupreme Court of the United States · 1883
- Brush v. ConditSupreme Court of the United States · 1889
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3Cited by27 opinions
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- Atlas Chemical Industries, Inc., Cross-Appellee v. Moraine Products, Cross-AppellantCourt of Appeals for the Sixth Circuit · 1974
- Aerovox Corporation v. Polymet Mfg. CorporationCourt of Appeals for the Second Circuit · 1933
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